Legal Question in Wills and Trusts in California

Can I, as an aunt, set up a "Special Needs Trust" for my niece/nephew? Or can such a trust be only set up by a parent/grandparent?


Asked on 9/20/11, 4:41 pm

1 Answer from Attorneys
Jennifer Rouse Meissner Joseph & Palley

If you are transferring your own money to the special needs trust, then it is considered a third-party special needs trust and anyone can set those up for a beneficiary. The limitation of who can set up a special needs trusts is with first-party special needs trusts which are typically established with the beneficiary's own funds such as proceeds from litigation, an inheritance through probate, etc.

Read more
Answered on 9/21/11, 10:41 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California